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Council Minutes 9/12/2006 (32) CITY OF AMMON January 20, 2000 I Minutes of the Regular Meeting of the Mayor and City Council: The meeting was called to order by Mayor C. Bruce Ard at 7:30 P.M. in the City Building, 2135 South Ammon Road, Ammon, Idaho, with the following City Officials present: Mayor C. Bruce Ard Council member W. Lee Bean Council member Harvey L. Crandall Council member Leslie Folsom Council member Ira K. Hall Attorney W. Joe Anderson Engineer Bill Manwill Public Works Director David Wadsworth Fire Chief Clarence Nelson City Clerk Aleen C. Jensen Others Present: Cindy Donovan, 3725 East Sunnyside Road, Ammon Brendan and Steve Grayson, 5710 South 45 East, Idaho Falls Ron Folsom, 2750 Sawtooth Street, Ammon Tom Hunsaker, 2925 Carolyn Lane, Ammon Amy Bradley Kirby Council member Hall led the Pledge of Allegiance to the Flag, and Councilmember Bean offered a prayer. I Attorney Anderson visited with Jason Romrell, legal counsel for Ashley and Karen Roberts, regarding a day care at 2255 at Midway Avenue. The property is not zoned for a commercial operation. The neighbors are concerned that Mrs. Roberts is moving forward with day care plans regardless of the zoning. Advertisements for the facility, 24 Hour Safetyland, circulated throughout the area. Attorney Romrell was not aware that the Roberts had gone as far with their plans. He assured that no day care business would be conducted at 2255 Midway until the proper licensing procedures have been followed and approved. He will advise his client to make application immediately. The advertising is disturbing to the neighbors, but it does not, as of itself, constitute conducting a business. So she has not violated the ordinance, but if she starts to do business, she will be in violation. Mrs. Roberts operates a daycare in Idaho Falls on Balboa Street near Bank of Commerce. Mayor Ard called to talk to Mrs. Roberts. She advised the Mayor that she and her attorney would come in during February to obtain a license. I David Shipman, Attorney for Telemark, sent a letter to Attorney Anderson regarding the request for annexation and Zoning of the W.L.Judy Farm. Copies of the letter were circulated to the Mayor and Council. The developer is seeking an interpretation of the recommendation of the Planning and Zoning Commission that the density be no more than four units per acre in the RMH Zone. The question is, does four units mean four, or does four units mean four until it becomes five. In other words, would 4.9 units be acceptable as four units per acre. Attorney Anderson researched for an interpretation of numbers, and he found nothing in court decisions for numbering. So there is not a firm standard to look to. Thus we are dealing with an ambiguity. Ambiguities are usually resolved most favorably against the writer of the regulation. Our ordinance allows six units per acre, and the City is imposing four units on this development. Discussion followed. The Council expressed a willingness to consider four units as up to 4.5 units per acre in the RMH Zone (47.17 acres) providing the developer understands 4.5 units is not an approved number. Attorney Anderson pointed out that the Council should interpret the number for the whole parcel (61.07 acres). The Council expressed their individual concerns about arriving at a decision on the request. Council member Hall called attention to the mixed concerns. There is concern for the landowner and his property rights, concern City Council Meeting, January 20, 2000 - Page 2 for the developer, and also concern for the citizens. The property would probably be better off to be developed than to be left idle. The Council is torn between what the citizens want and the law. The developer is owed a public hearing before the City Council. Attorney Anderson stated the Council has decided what they want within the City by establishment of the Comprehensive Plan and the zone. Cindy Donavan inquired about control of the development and enforcement. The Council debated whether or not to hold an informational only work session with only the Mayor and Council, but the decision was delayed until next meeting. I Councilmember Bean moved to schedule a Public Hearing for February 17, 2000, to hear the matter pending on the request for annexation of the W.L. Judy Farm. Council member Crandall seconded the motion. Roll call vote: Bean - Yes; Crandall - Yes; Folsom - Yes; Hall- Yes. The motion carried unanimously. Mayor Ard, Fire Chief Nelson, and Councilmember Crandall made a walk-through of the Fire Station to list the things, which need to be done. Problem areas were discussed. There was no sidewalk included in the contract. There has been some criticism that the building sits too close to Ammon Road. It was located so there would be a turn around area in back. The contractor did not seem to have a problem with the things, which were identified to be fixed. He plans to fix them. I Garth Cunningham is supposed to be working on the reVISions to the Development Agreement for Centennial Ranch. Garth did not attend the lona Bonneville Sewer District meeting, and he had not filed any protest. Bill Manwill pointed out that the owner sent a petition to the Sewer District for inclusion after he had sent the request to the City of Ammon to be serviced by Ammon. The owner covered himself with both entities. The sewer ordinance states that unless the owner/owners appear at the hearing and file a written protest or objection, they are considered in agreement with inclusion in the Sewer District. The sewage for the divisions of Centennial Ranch, which are annexed to the City of Ammon, is connected to flow through the City of Ammon line. The issue is who gets the connection fees. Engineer Manwill again encouraged the City Officials to enter into an overall agreement to handle similar situations. Reports: Chief Nelson reported for the Fire Department. The Ameritellnn, which is under construction, is in violation of seventeen (17) fire code regulations. Fifteen are not to be alarmed at, but two are. The biggest violation is they have run 27 feet of sprinkler main line under their building. The problem was explained. A meeting with state representatives will determine about the acceptability or how to correct. The second problem at Ameritel has to do with putting a sprinkler system under the canopy. The Fire Department was advised not to perform an inspection for a day care at 2255 Midway Avenue. Amy Bradley Kirby discussed regulations for massage therapists and massage therapy establishments. There are no State, County, or City of Ammon licensing laws to regulate massage. City of Idaho Falls has adopted some regulations. Amy is of the opinion that there is a need for some regulations. Establishing some age and training requirements is an important issue, and she encouraged the City of Ammon to consider adopting some regulations. The Council requested Ms. Kirby to provide information on the City of Idaho Falls regulations and on national certification. I David Wadsworth reported for the Public Works. Well NO.5 is being worked over in order to be ready for spring. Clay valves have been ordered to update that well. Also, it may be possible to regulate pressure out of Well NO.6 with a clay valve. Councilmember Folsom reported that she attended a DEQ (Division of Environmental Quality) workshop. One of the participants called her aside to advise her that an individual is bottling and selling City of Ammon water. It was suggested that Attorney Anderson draft an ordinance to make it illegal to sell City of Ammon water. Councilmember Crandall expressed concern about property that is annexed and zoned twenty years ago and then left undeveloped for twenty years. He suggested if property is zoned but not developed for a period of time, maybe five years that it reverts back to R-1. At least, it needs to be looked at again before development is approved. Attorney Anderson suggested adding a clause to the zoning ordinance that if a zone is not utilized within five City Council Meeting, January 20, 2000 - Page 3 years of the date of zoning for a purpose to fit that zone that the zoning must be reexamined by the Council before any building is allowed. The issue was debated pro and con. There is an advantage for people to know what property is zoned before they build around it. Zoning is a property right. Zoning makes a property marketable. Ron Folsom explained that the City should require the Planning and Zoning Commission to review the Comprehensive Plan and Land Use map every five years. Periodic review of the Comprehensive Plan to keep it updated should automatically take care of development problems. The Council was encouraged to think about these suggestions in order to avoid a situation similar to the Teton Apartments now pending before the City of Idaho Falls. I Councilmember Bean inquired about the status of the traffic study for Owen Street, Hillcrest High School, Sand Creek Middle School, and Sunnyside Road. BMPO is supposed to be scheduling the traffic study. Another area to keep on top of is to have the builders of the swimming pool for Ameritel Inn make a recommendation about Ammon's pool. Plats, maps, as-builts, etc. need to be obtained from Engineer Benton since he is no longer on retainer with the City. Benton Engineering has requested the Mayor to sign the plats for Centennial Ranch Division No.8 and No.9 which were approved December 16, 1999. The Council agreed to hold up signing the plats until the Centennial Ranch Development Agreement is resolved with lona Bonneville Sewer District, City of Ammon, and the developers. Ron Folsom submitted a list of information needed by the Planning and Zoning Commission before the Comprehensive Plan revisions can be completed. Councilmember Hall moved to adjourn to an Executive Session to discuss personnel matters. Council member Crandall seconded the motion. Voting was unanimous in favor. The meeting was adjourned to Executive Session. I C2..,~ Mayor ATTEST City Clerk I